Senate Bill No. 342
(By Senators Ross, Anderson, Minard,
Snyder, Boley and Minear)
__________
[Introduced January 24, 2002; referred to the
Committee on Health and Human Resources;
then to the Committee on Finance;
and then to the Committee on the Judiciary.]
__________
A BILL to amend and reenact section one, article five, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
division of health to promulgate a legislative rule relating
to public water systems operators.
Be it enacted by the Legislature of West Virginia:
That section one, article five, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. State board of health; division of health.
(a) The legislative rule filed in the state register on the
twenty-ninth twenty-seventh day of August July, two thousand one,
authorized under the authority of section four, article one,
chapter sixteen of this code, modified by the division of health to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second twenty-sixth
day of January November, two thousand one, relating to the division
of health (public water systems operators, 64 CSR 4), is
authorized. with the following amendments:
"On page 3, after subdivision 4.1.b. by adding a new
subdivision 4.1.c. to read as follows:
4.1.c. Community and nontransient noncommunity public water
systems classified as 1D systems on or before the effective date of
this rule will remain classified as 1D systems until July 1, 2004,
unless treatment modifications do not require a higher
classification;
On page 5, in subdivision 5.3.d. after the words "employed by
a" by adding the words "community or nontransient noncommunity";
On page 6, after subsection 7.2 by adding a new section 7.3 to
read as follows:
7.3. Any operator holding Class 1D certification employed on
or before the effective date of this rule by a community or
nontransient noncommunity public water system who meets the minimum
education requirements or substitutes applicable experience on a
year-for-year basis to meet the minimum educational requirements
may upgrade to a Class 1 certification by passing the certification
examination on or before July 1, 2004;
On page 8, subdivision 10.2.b. after the words "shall
complete" by striking out the words "twenty-four (24)" and
inserting in lieu thereof the word "required";
On page 8, subdivision 10.2.b. after the words "certification
period" by adding a new sentence to read as follows:
"Class 1 operators are required to complete twelve (12)
continuing education hours and Class 11 and higher classifications
must complete twenty-four (24) continuing education hours.";
And,
On page 14, in the note at the end of the chart after the word
"for" by striking out the words "Class I" and inserting in lieu
thereof the words "Class II".
(b) The legislative rule filed in the state register on the
thirtieth day of August, two thousand, authorized under the
authority of section five, article five-c, chapter sixteen of this
code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the
state register on the nineteenth day of January, two thousand one,
relating to the division of health (nursing home licensure, 64 CSR
13), is authorized with the following amendments:
"On page 14 of the rule, subdivision 3.10.a., following the
word 'The' by striking the words 'nursing home' and inserting in
lieu thereof the word "director."
And,
On page 82 of the rule, subdivision 15.3.c., by following the
words "been sited, the" by striking the words "nursing home" and
inserting in lieu thereof the word "director.".
(c) The legislative rule filed in the state register on the
thirtieth day of August, two thousand, authorized under the
authority of section four, article one, chapter sixteen of this
code, relating to the division of health (radiological health, 64
CSR 23), is authorized.
(d) The legislative rule filed in the state register on the
seventh day of June, two thousand, authorized under the authority
of section two, article twenty-two-a, chapter sixteen of this code,
modified by the division of health to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-ninth day of August, two thousand, relating
to the division of health (newborn hearing screening, 64 CSR 24), is authorized.
(e) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand, authorized under the
authority of section twenty-three, article four-c, chapter sixteen
of this code, modified by the division of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twelfth day of December, two
thousand, relating to the division of health (specialized
multi-patient medical transport, 64 CSR 29), is authorized.
(f) The legislative rule filed in the state register on the
thirtieth day of August, two thousand, authorized under the
authority of section four, article thirty-seven, chapter sixteen of
this code, modified by the division of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fifteenth day of December, two
thousand, relating to the division of health (body piercing studio
business, 64 CSR 80), is authorized.
(g) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand, authorized under the
authority of section two, article thirty-six, chapter sixteen of
this code, modified by the division of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twelfth day of December, two thousand, relating to the division of health (needlestick injury
prevention, 64 CSR 82), is authorized with the following
amendments:
"On page 3, subdivision 4.1.d. after the colon by adding the
words 'Provided, That the requirements of the Occupational
Exposure to Bloodborne Pathogens; Needlesticks and Other Sharps
Injuries; Final Rule, 29 CFR Part 1910, www.osha-
slc.gov/needlesticks/index.html, attached hereto as Appendix 1 are
met.';
On page 6, subsection 6.2 after the word 'Health' by striking
out the word 'and';
On page 6, subsection 6.2 after the word 'Affairs' by adding
the words 'and product usage experience of hospitals.';
On page 8, section 10, before the word 'Sharps' by adding the
numbers '10.1.';
And,
On page 8, section 10, at the end of the newly numbered
subsection 10.1 by adding a new subsection 10.2 to read as follows:
10.2. The division of health, shall as part of its review of
sharps injury logs determine whether injuries have occurred due to
a lack of sharps containers. The division will report any
noncompliance with the sharps containers requirement to the Office
of Health Facilities Certification and Licensure."
NOTE: The purpose of this bill is to authorize the Division of
Health to promulgate a legislative rule relating to Public Water
Systems Operators.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.